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The Timing of Lawmaking (Hardcover): Frank Fagan, Saul Levmore The Timing of Lawmaking (Hardcover)
Frank Fagan, Saul Levmore 2
R4,347 Discovery Miles 43 470 Ships in 10 - 15 working days

Legal reasoning, pronouncements of judgment, the design and implementation of statutes, and even constitution-making and discourse all depend on timing. This compelling study examines the diverse interactions between law and time, and provides important perspectives on how law's architecture can be understood through time. The book reconsiders older work on legal transitions and breaks new ground on timing rules, especially with respect to how judges, legislators and regulators use time as a tool when devising new rules. At its core, The Timing of Lawmaking goes directly to the heart of the most basic of legal debates: when should we respect the past, and when should we make a clean break for the future? This unique resource draws on examples from administrative law, banking law, budget law, constitutional law, criminal law, environmental law, inheritance law, national security law, tax law, and tort law, and will be of interest to academics studying law, political science and economics, as well as to policymakers, legislators, and judges. Contributors include: E. Alston, F. Fagan, D.A. Farber, J.E. Gersen, T. Ginsburg, D. Kamin, S. Levmore, A. Niblett, M.C. Nussbaum, E.A. Posner, J.M. Ramseyer, A.M. Samaha, D. Shaviro, J. Suk

Law and the Limits of Government - Temporary versus Permanent Legislation (Hardcover): Frank Fagan Law and the Limits of Government - Temporary versus Permanent Legislation (Hardcover)
Frank Fagan
R3,066 Discovery Miles 30 660 Ships in 10 - 15 working days

Why do legislatures pass laws that automatically expire? Why are so many tax cuts sunset? In this first book-length treatment of those questions, the author explains that legislatures pass laws temporarily in order to reduce opposition from the citizenry, to increase the level of information revealed by lobbies, and to externalize the political costs of changing the tax code on to future legislatures. This book provides a careful analysis which does not normatively prescribe either permanent or temporary legislation in every instance, but rather specifies the conditions for which either permanent or temporary legislation would maximize social welfare.Containing comprehensive, theoretical and empirical analysis of temporary lawmaking, Law and the Limits of Government will appeal to academics in law, economic and political science, lawmakers and policy advocates. Contents: Foreword by Francesco Parisi Part I: Theory 1. Introduction 2. Short-to Medium-term Residual Effects 3. Long-term Residual Effects 4. Information and Commitment 5. Temporary Tax Legislation Part II: Evidence 6. Passage Probability 7. Sponsor's Age 8. Conclusion Bibliography Index

The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring (Hardcover): James ... The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring (Hardcover)
James Langenfeld, Frank Fagan, Samuel Clark
R2,648 Discovery Miles 26 480 Ships in 10 - 15 working days

The Law and Economics of Privacy, Personal Data, Artificial Intelligence, and Incomplete Monitoring presents new findings and perspectives from leading international scholars on several emerging areas issues in legal and economic research. The collection contains new theoretical papers on privacy, the protection of personal data, the use of regulatory monitoring under legal standards versus rules, a study of the properties of market efficiency in securities fraud litigation, as well as an analysis of non-exclusionary price floors. It also contains an empirical paper on the relationship between uncertainty of patent approval of artificial intelligence applications and the Supreme Court's decision in Alice Corp. v. CLS Bank International. Finally, the volume features a law-and-economics assessment of the Chinese financial system within the context of the trade-off between centralized control and rapid growth. This 30th volume of Research in Law and Economics showcases the cutting edge theoretical and empirical findings for researchers and professionals considering these complex issues intersecting law, technology, and economics.

The Law and Economics of Patent Damages, Antitrust, and Legal Process (Hardcover): James  Langenfeld, Frank Fagan, Samuel Clark The Law and Economics of Patent Damages, Antitrust, and Legal Process (Hardcover)
James Langenfeld, Frank Fagan, Samuel Clark
R2,642 Discovery Miles 26 420 Ships in 10 - 15 working days

Law and economics research has had an enormous impact on the laws of contracts, torts, property, crimes, corporations, and antitrust, as well as public regulation and fundamental rights. The Law and Economics of Patent Damages, Antitrust, and Legal Process examines several areas of important research by a variety of international scholars. It contains technical papers on the appropriate way to estimate damages in patent disputes, as well as methods for evaluating relevant markets and vertically integrated firms when determining the competitive effects of mergers and other actions. There are also papers on the implication of different legal processes, regulations, and liability rules on consumer welfare, which range from the impact of delays in legal decisions in labour cases in France to issues of criminal liability related to the use of artificial intelligence. This volume of Research in Law and Economics is a must-read for researchers and professionals of patent damages, antitrust, labour, and legal process.

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